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PJ Dick Logo OSHA Logo Partnership Agreement


  1. Purpose and Scope
  2. Pittsburgh Area Office of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the Tepper Quad Building Project (hereafter referred to as "Project").

    The goal of this Partnership is to encourage joint cooperation between OSHA, PJ Dick, and trade contractors to foster a safe work environment for all project employees.

    The Partnership calls for the Project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or its equivalent. OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and assist as resources and/or OSHA Policy allow. To show their commitment to the Partnership, participating contractors will voluntarily sign a pledge (Appendix B).

    This Partnership will not relieve any trade contractors from, lessen their safety responsibilities, nor change any contractual obligations between PJ Dick, Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

    This Partnership will not in any way affect employees' ability to exercise rights under the Occupational Safety and Health ("OSH") Act and OSHA regulations. This Partnership is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

  3. Identification of Partners
  4. The following organizations are considered Partners:

    • Occupational Safety and Health Administration, Philadelphia Area Office (OSHA)
    • PJ Dick Incorporated

    The following organizations pledge to support the Partnership:

    • Pittsburgh Regional Building Trades Council
    • Carnegie Mellon University
    • Trade Contractors

  5. Project Overview
  6. Project construction is anticipated to start in October, 2015 and be completed in June, 2018. It is expected that 35-45 union trade contractors will employ approximately 150-200 craft persons at peak construction.

    Project details include

    Owner:
    Carnegie Mellon University
    5000 Forbes Avenue
    Pittsburgh, PA 15213

    Project highlights:

    • Construction cost $120,000,000
    • 380,000 square-feet
    • 2 story below grade parking garage
    • 5 story new construction with penthouse

    Major components of the work will include: site construction, excavation work, caissons installation, rebar installation, concrete foundations, cast-in-place concrete ‘bubble deck' structure, pre-cast concrete, miscellaneous structural steel and metal work, electrical, masonry, mechanical/plumbing, glazing, and roofing.

  7. Partnership Goals, Strategies, Measures
  8. Goal - The goal of this Partnership is to encourage joint cooperation between OSHA, PJ Dick, and trade contractors to foster a safe work environment for all project employees as prescribed in this agreement.

    Strategy - Implement and maintain a comprehensive site specific project safety plan (The Project specific Site Health and Safety Plan or "SHSP" by participating contractors. Attachment #1 in the Partnership Agreement Packet).

    Measure - The Partnership will use 4.3 as a baseline project DART rate, with the goal to further reduce this level annually by at least 3% for the duration of the Partnership.

  9. OSP Management and Operation
  10. PJ Dick in association with U.S. Department of Labor/Occupation Safety and Health Administration - Pittsburgh Area Office will form a partnership committee to monitor the implementation of this Agreement. It will consist of a representative from each of the designated partners. The Compliance Assistance Specialist will serve as OSHA's primary contact. The Committee will review contractor compliance and involvement in the partnership, analyze job site audits, make partnership improvements, and evaluate partnership modifications, achievements, and success.

    Partner Roles and Responsibilities

    OSHA agrees to:

    1. Evaluate PJ Dick's Project Safety Plan (Attachment 1) prior to and during the OSHA enforcement verification inspections using Appendix C (or equivalent) and to determine whether effective safety and health management systems are in place.
    2. Designate an OSHA Compliance Assistance Specialist (CAS) to serve as a resource and liaison person for the Partnership.
    3. Meet with PJ Dick quarterly to review project safety performance. Safety performance will be evaluated through review of trade contractors' OSHA 300 logs for the project and related accident reports.
    4. Provide timely responses to requests for information and clarification of OSHA standards, as resources permit.
    5. Provide information on OSHA training resources available.

    PJ Dick agrees to:

    1. Provide a dedicated Site Safety Manager to serve as a safety resource and liaison person for the Partnership and to assist trade contractors with safety issues / concerns.
    2. Provide notice to all trade contractors that the project is subject to this Partnership and include the Partnership Fact Sheet (Appendix A) in the Project New Worker Safety Orientation.
    3. Develop and implement the Project Safety Plan (Attachment 1).
    4. Evaluate trade contractors' safety and health management systems utilizing PJ Dick's Safety Evaluation (Attachment 2)
    5. Notify the OSHA Pittsburgh Area Office of trade contractors that have completed PJ Dick's Safety Evaluation and have pledged both support and cooperation to the Partnership (Appendix B).
    6. Offer trade contractors safety and health information (i.e., toolbox safety meetings) especially on the focused four construction hazards (which are Falls; Caught-In or Between; Struck-By and Electrocutions).
    7. Maintain Project safety performance report. Require all active trade contractors to submit an updated OSHA 300 Log for the project.
    8. Meet with OSHA quarterly to review the safety performance of PJ Dick and trade contractors and provide feedback on noted incident trends or patterns.
    9. Coordinate safety related matters that pertain to site general conditions such as hazard communications, emergency response, installation and maintenance of building perimeter guardrail systems and housekeeping.

  11. On-Site Enforcement Verification Inspections
  12. In order to assist in measuring the success of this Partnership, an initial enforcement verification inspection will be conducted after the signing of this agreement, and annually thereafter. The enforcement verifications may be conducted as a focused inspection if the site meets the criteria outlined in OSHA's current enforcement guidelines. In addition to traditional enforcement issues, the inspection will assess the Partner's progress in meeting the requirements of the Partnership.

    OSHA will provide timely responses to requests for information and clarification of OSHA standards, as resources permit.

  13. OSHA Inspections
  14. This Partnership provides for the timely response to each allegation of a safety or health hazard brought to each contractor's attention by any person. Upon a finding that an allegation is valid, the responsible trade contractor shall promptly abate the hazard.

    OSHA agrees that a copy of each non-formal complaint related to the work at the site and filed with OSHA will be forwarded by fax or mail to the Project office. The identity of a complainant requesting confidentiality will not be revealed. PJ Dick agrees to investigate these complaints and provide OSHA with a written response.

    OSHA personnel will continue to conduct investigations and inspections in any event or circumstance that may warrant the opening of an OSHA inspection, pursuant to the policy set forth in Field Operations Manual (FOM). These may include but are not limited to programmed inspections, formal complaints, referrals, fatalities, catastrophes, or other accidents or significant events. OSHA will also investigate contractors whose employees are exposed to or are creating plain view hazards at the Project. OSHA reserves the right to issue penalties for regulatory violations for which mandatory penalties are established.

  15. Incentives
  16. OSHA's Field Operations Manual details opportunities available during citation/case settlement for all employers who undergo onsite enforcement inspections. These opportunities are also available for partnering companies participating in OSHA's Strategic Partnership Program.

  17. Worker and Employer Rights - Employee Involvement
  18. This Partnership does not preclude employees and/or employers from exercising any right provided under the OSH Act (or, for federal employees, 29 CFR 1960), nor does it abrogate any responsibility to comply with rules and regulations adopted pursuant to the OSH Act. This Partnership recognizes employees bring valuable skills and perspective to the implementation of an effective site safety and health system. Employees on site will be encouraged and given opportunities to be involved in the site safety and health system. Employee involvement will include, but are not be limited to, participation in self-audits, site inspections, job hazard analysis, safety and health management system reviews, safety training and accident/near miss reporting. Employee involvement will be included in the Safety and Health Management System Evaluation (Appendix C).

  19. Safety and Health Management Systems
  20. OSHA and PJ Dick support the implementation of Safety and Health Management Systems, including the four main elements of Management Commitment/Employee Involvement, hazard identification, hazard correction/control and employee training. PJ Dick commits to implementing a Safety and Health Management System (SHMS) at this partnership site as detailed in Appendix C.

  21. Evaluation
  22. Partners will jointly prepare an annual evaluation of the Partnership using Appendix D. The evaluation will review the success of the Partnership, lessons learned, and changes that will be made to meet the goals of the Partnership. Annual evaluations will be submitted by the Partners to OSHA's Philadelphia Regional Office and then forwarded by the Philadelphia Regional Office to OSHA's Office of Partnership Programs in the National Office no later than 60 days after the signing anniversary date each year.

  23. Termination
  24. This Partnership will terminate three years from the date of the signing or upon completion of the Project. If either Partner wishes to withdraw its participation prior to the established termination date, the agreement will terminate upon receiving a written notice of the intent to withdraw from either signatory.

  25. Paperwork Reduction Act
  26. OSHA Strategic Partnerships are part of OSHA's available voluntary programs. As per the Paperwork Reduction Act of 1995 (PRA OMB CONTROL NO. 1218-0244, expires December 31, 2015), the public reporting burden for this partnership's collection of information is estimated to be an average of 22 burden hours per participant, per year. If you have any comments regarding this collection of information, including suggestions for reducing the burden or revising the burden estimate, please direct them to :

    Occupational Safety and Health Administration
    Attention: Director, Office of Partnerships and Recognition
    Directorate of Cooperative and State Programs
    200 Constitution Avenue, NW – Room N3700
    Washington, DC 20210

  27. Signatures

 

United States Department of Labor
Occupational Safety & Health
Administration

Based on a mutual interest to protect construction workers, the below parties agree to the terms of the OSHA / PJ Dick Partnership Agreement for the construction of the Tepper Quad Building Project.

Signed _____________ day of _____________________, 2015

Partners:




Chris Robinson
Area Director
Pittsburgh Area Office
USDOL/OSHA




Clifford R. Rowe, Jr.
Chief Executive Officer
PJ Dick Incorporated

In Support of:




Richard Stanizzo
Business Representative
Pittsburgh Regional Building Trades Council

 

PARTNERSHIP FACT SHEET - APPENDIX A

Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of the Tepper Quad Building Project (hereafter referred to as "Project").

The goal of this Partnership is to encourage joint cooperation between OSHA, PJ Dick, and trade contractors to foster a safe work environment for all project employees as described in this agreement.

The agreement between PJ Dick and OSHA calls for the project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or its equivalent.

OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and other assistance as resources and/or OSHA Policy allow. To show their commitment to the Partnership, contractors will voluntarily sign a pledge (Appendix B)

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between PJ Dick, Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

This Partnership will not in any way affect employees' ability to exercise rights under the OSH Act and OSHA regulation.

This agreement is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

PLEDGE - APPENDIX B

Pittsburgh Area Office, Region III, of the Occupational Safety and Health Administration (hereafter referred to as "OSHA") and PJ Dick Incorporated (hereafter referred to as "PJ Dick"), have agreed to implement an OSHA Strategic Partnership (hereafter referred to as "Partnership") during construction of The Tepper Quad Building Project (hereafter referred to as "Project").

The goal of this Partnership is to encourage joint cooperation between OSHA, PJ Dick, and trade contractors to foster a safe work environment for all project employees as described in this agreement.

The agreement between PJ Dick and OSHA calls for the project to be managed consistent with OSHA's 1989 Safety and Health Management Guidelines or its equivalent.

Under the Partnership, OSHA will provide timely responses to requests for information, requests for clarification of OSHA standards and other assistance as resources and/or OSHA Policy allow. To show their commitment to the Partnership, participating contractors will voluntarily sign this pledge.

This Partnership will not relieve any trade contractors from or lessen their safety responsibilities nor change any contractual obligations between PJ Dick, Project Owner/Developer, or trade contractor, nor does it lessen any/all affirmative defenses, legal rights or due process afforded with respect to OSHA enforcement action.

This Partnership will not in any way affect employees' ability to exercise rights under the OSH Act and OSHA regulation.

This agreement is consistent with OSHA's long-range effort to develop a contractor/government partnership approach to safety management. It allows for better use of OSHA resources and for innovation in safety management, and it encourages more participation in the safety process by each stakeholder.

Based on mutual interest to protect construction workers, the below party pledges both support and cooperation to the OSHA / PJ Dick Partnership Agreement by following the PJ Dick Project Safety Plan.

 


Authorized Representative (print / type)


Signature


Title (print / type)


Company / Organization (print / type)

 

SAFETY AND HEALTH MANAGEMENT SYSTEM EVALUATION - APPENDIX C

  1. PJ Dick and trade contractors have or will have implemented a comprehensive written Project Safety Plan.
  2. PJ Dick have or will maintain copies of trade contractors’ safety and health plans, hazard communication plans, and fall protection plans (where applicable) or PJ Dick requires trade contractor to follow its safety plan.
  3. PJ Dick and trade contractors will have either a full-time or designated safety representative at the site to conduct and document safety inspections of work, and who through training and experience, can recognize hazards, and has authority to take prompt corrective action. Minimum training required for a site safety representative is either the OSHA 10-Hour or 30-Hour Construction Safety Outreach Course, as specified in the Project Safety Plan.
  4. PJ Dick and trade contractors have or will have trained field supervisory personnel and has provided additional training for competent persons in such areas as scaffolding, excavation, fall protection, crane operations, etc. (Additional training will be dictated by the type and scope of the work the trade contractor routinely conducts).
  5. PJ Dick have or will provide a safety and health management system orientation for all new workers, including hazard recognition specific to the work sites.
  6. PJ Dick and trade contractors will have employee involvement in the partnership. Examples including, but not limited to, participation in self-audits, site inspections, job hazard analysis, safety and health management system reviews, safety training and accident / near-miss investigations.
  7. PJ Dick and trade contractors conduct and document weekly employee safety meetings.
  8. PJ Dick will conduct and documents self-audits.
  9. PJ Dick and trade contractors will follow a six-foot fall protection policy.
  10. PJ Dick and trade contractors have a written enforcement program.

Appendix D

OSHA Strategic Partnership Program (OSPP) Annual Partnership
Activities Report and Evaluation

Month/Day/Year - Month/Day/Year

OSHA Strategic Partnership (OSP) Name
 

 

Purpose of OSP
 

 

Partnership Goals
Goal Strategy Measure
     
     
     
     

 

Anticipated Outcomes
 

 

Strategic Plan Target Areas (check one)
  Construction   Non-Construction
Areas of Emphasis (check all applicable)
  Amputations (Construction or General Industry)   Recordkeeping
  Combustible Dust   Ship/Boat Building and Repair
  Ergonomics/Musculoskeletal Disorders   Silica
  Hazardous Chemical Exposures (Chromium, Lead)   Agriculture/Migrant Workers
  Healthcare Industry Hazards   Diverse Workforce/Limited English Proficiency
  Oil and Gas Field Services   Temporary Service Workers
  Public Warehousing and Storage   Youth Workers
  Federal Agency   Process Safety Management
  Trenching/Excavation    

 

Section 1 General Partnership Information

Date of Evaluation Report
Evaluation Period
Start Date   End Date  

 

Evaluation Contact Person  
Originating Office  

 

Partnership Coverage
# Active Employers   # Active Workers  
 

 

Industry Coverage (note range or specific SIC and NAICS for each partner)
Partner

SIC

NAICS

     
     
     
     
     
     
     
 

 

Section 2 Activities Performed

Note whether an activity was required by the OSP and whether it was performed
 

Required

Performed

a. Training Yes/No Yes/No
b. Consultation Visits    
c. Safety and Health Management Systems Reviewed/Developed    
d. Technical Assistance    
e. OSHA Enforcement Verifications (OSHA will provide)    
f. Off-site Verifications    
g. On-site Non-Enforcement Verifications    
h. Participant Self-Inspections    
i. Field Sampling; Industrial Hygiene Monitoring    
j. Other Activities    

 

2a. Training (if performed, provide the totals)
Training sessions conducted by OSHA staff  
Training sessions conducted by non-OSHA staff  
Workers trained  
Training hours provided to workers  
Supervisors/managers trained  
Training hours provided to supervisors/managers  
Comments/Explanations (briefly describe activities, or explain if activity is required but not performed)
 

 

2b. Consultation Visits (if performed, provide the following total)
Consultation visits to partner sites (OSHA Consultation Programs only)  
Comments/Explanations (briefly describe activities, or explain if activity is required but not performed)
 

 

2c. Safety and Health Management Systems (if performed, provide the following total)
Number of systems implemented or improved using OSHA's 1989 Guidelines for Safety and Health Management Programs as a model  
Comments/Explanations (briefly describe activities, or explain if activity is required not performed)
 

 

2d. Technical Assistance (if performed, provide total for each type, and provider)
  Provided by OSHA Staff Provided by Partners Provided by Other Party
Conference/Seminar Participation      
Interpretation/Explanation of Standards or OSHA Policy      
Abatement Assistance      
Speeches      
Other (please specify)      
Comments/Explanations (briefly describe activities, or explain if activity is required not performed)
 

 

2e. OSHA Enforcement Activity (if performed), provide the totals for any programmed, unprogrammed, and verification-related inspections)
OSHA enforcement inspections conducted
OSHA enforcement inspections in compliance
OSHA enforcement inspections with violations cited

 

Number of citations classified as Serious, Repeat, and/or Willful
Comments/Explanations (briefly describe activities, or explain if activity is required but not performed)
 

 

2f. Off-site Verification (if performed, provide the total)
Comments Explanations (briefly describe activities or explain if activity is required but not performed)
 

 

2g. On-Site Non-Enforcement Verification (if performed provide the total)
Onsite Non-enforcement Verifications Performed  
Comments/Explanations (briefly describe activities, of explain if activity is required but not performed)
 

 

2h. Participant Self-Inspections (if performed, provide the totals)
Self-inspections performed  
Hazards and/or violations identified and corrected/abated  
Comments/Explanations (briefly describe activities, or explain if activity is required but not performed)
 

 

2i. Other Activities (briefly describe other activities performed)
 

 

Section 3 Illness and Injury Information

Year

Hours

Total Cases

TCIR

# of Days Away from Work Restricted and Transferred Activity Cases

DART

           
           
           
           
           
Total          
Five-Year Rate      
BLS Average for CY: (most current)      
SIC:   NAICS      

 

Comments
Please use this text box to provide comparative and evaluative comments about the injury and illness rate experiences of the employer.
 

 

Section 4 Partnership Evaluation and Recommendations

In the section below please provide narrative regarding each question.

  1. Changes and Challenges: During the evaluation period what observations were made regarding the issues faced by the partnership that need to be further evaluated to determine if changes to the structure, implementation or operation of the OSP are necessary going into the next evaluation period? Please address any areas where changes were made to the OSP or where challenges or impediments to reaching the goals were observed. The following is a list of information to be considered for this question: management structure, participants, data collection, worker involvement, OSHA enforcement inspections, OSP outreach, and training. Please do not limit your responses to those items if other areas need to be addressed.

 

  1. Plans to Improve: During the evaluation period what observations were made regarding areas in which the OSP needs to improve in order to increase the chances of reaching and/or exceeding the OSP goals? The following is a list of information to be considered for this question: need to meet more often, need to improve data collection, need to conduct more training, and need to change the OSP goals. Please do not limit your responses to those items if other areas need to be addressed.

 

  1. During the evaluation period what observations were made regarding how the partners are benefiting from their participation in the OSP? Additionally, how does OSHA's participation enhance the ability of the partners to reach the OSP goals? The following is a list of information to be considered for this question: increased safety and health awareness, improved relationship with OSHA, improved relationship with employers, and improved relationship with the workers or unions. Please do not limit your responses to those items if other areas need to be addressed

 

 

Status Recommendation (check one)
Partnership Completed  
Continue/Renew  
Continue with the following provisions:  
 
Terminate (provide explanation)  

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